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(영문) 서울북부지방법원 2018.08.23 2018고단2433
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 19, 2008, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Northern District Court on the grounds of a violation of road traffic laws (drinking), and a fine of KRW 4 million by the same court on August 13, 2012.

【Criminal facts constituting the Defendant, while under the influence of alcohol content of around 22:00 on March 03, 2018, driven a Cknife car within a three-lane radius from the roads near the Gero-dong amambamb in Gyeonggi-si to the roads front of the Seoul Special Metropolitan City Nowon-gu Nowon-ro 586 Nowon-gu, to around 586 Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Specific Crimes committed the instant drinking crime during the suspension of execution due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (domination).

As long as a criminal act is committed without being aware during the suspension period, it is judged that the choice of imprisonment is reasonable.

However, in light of the circumstances of the driving of the instant drinking, the Defendant appears to work at night in the night to clean and manage the building at night. On the day, the Defendant appears to have worked at night and left the A.M., after leaving the A.M., he thought that he would drink at night, scam, scam, and scam at the time nine hours after leaving the A.M., and that he was forced to drive the instant drinking, and there is reason to consider that he was credibility.

On the other hand, the defendant suffers from mental suffering due to business failure based on human relations worship, and is in alcohol addiction.

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